People v. Alaniz

Opinion by

JUDGE RICHMAN

¶ 1 The People appeal the district court’s order dismissing charges of second degree murder and first degree assault against defendant, Antero Alaniz, an inmate at Sterling Correctional Facility. The court dismissed the charges pursuant to section 18-1-704.5, C.R.S. 2015, known as Colorado’s “make-my-day” statute 1 , which provides that under certain circumstances an occupant of a dwelling who uses any degree of physical force, including deadly physical force, against an intruder shall be immune from prosecution.

¶ 2 We conclude that Alaniz’s prison cell constituted a…